United States Federal Circuit

The U.S. breached a geothermal lease by failing to provide plaintiff with notice prior to terminating his lease, thus summary judgment in favor of the U.S. on plaintiff's breach of contract and Fifth Amendment due process violation claims is reversed.

Appellate Information

• Decided 06/30/2003
• Published 06/30/2003

Judges

• PROST, Circuit Judge., Before MAYER, Chief Judge, NEWMAN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Steven J. Lechner,Mountain States Legal Foundation, of Lakewood, CO, argued for plaintiff-appellant.   With him on the brief was William Perry Pendley.


• For Appellees:
  
• Luke Levasseur, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director, and Jeanne E. Davidson, Deputy Director.